• Title/Summary/Keyword: 역외적용

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Estimation of Support Working Expenses for Dam Area using GIS Spatial Analysis (GIS 공간분석을 이용한 댐 주변지역 지원사업비 산정)

  • Hwang, Eui-Ho;Lee, Geun-Sang;Chae, Hyuo-Suck;Koh, Deuk-Koo
    • Journal of the Korean Association of Geographic Information Studies
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    • v.8 no.4
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    • pp.24-32
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    • 2005
  • Budget distribution system suporting dam area was changed largely in 2005, and thus, population survey and area calculation for dam and needed to be performed based upon the new criteria. According to the former regulations, dam area was confined to inside of 5km from the H.W.L-line. However, new regulations divide it into two categories : inside and outside of catchment area within 2km from the H. W. L-line and those belong to 2~5km from the same line. In this study, topography, DEM, TIN and Hydrological Unit Map were build for the analysis of the Namgang Dam area. It shows that analysis of dam area using GIS methods produces a good results to be used for rational distribution of budget.

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A Study on the Extension of the Extraterritorial Application of U.S. Antitrust Law and Our Corresponding Strategies (미국(美國) 반(反) 트러스트법(法)의 역외적용확대(域外適用擴大)와 그 대응방안(對應方案))

  • Bae, Jung-Han
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.555-586
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    • 1999
  • United States has extended the extraterritorial application of U.S. Antitrust Law in 1990s. First, The U.S. Federal Supreme Court declared in Hartford Fire Insurance Co. v. California that the extraterritorial application of U.S. Antitrust Law is according to Effect Doctrine. Therefore, U.S. Antirust Division and FTC will continue to base their assertions of juridiction on the test of direct, substantial and foreseeable effects on U.S. interests. Second, U.S. Antitrust Law apply to foreign conduct that such conduct has direct, substantial and reasonably foreseeable effect on U.S. domestic or import commerce and export commerce. Third, United States has extended the extraterritorial application of U.S. Antitrust Law on international licensing contract or international merger. Forth, United States impose criminal responsbility of U.S. Antitrust Law on the foreign anticompetitive conduct. Therefore, our government and industries must consider the corresponding stratigies against the extension of the extraterritorial application of U.S. Antitrust Law.

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A Study on the Provision of Tourist Information Using a Mobile Application (모바일 앱을 활용한 관광정보 제공 연구)

  • Min, Jeongsik;Hong, Subin;An, Dasol;Jang, Woosun;Koo, Minjeong
    • The Journal of the Convergence on Culture Technology
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    • v.2 no.3
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    • pp.29-34
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    • 2016
  • This study is about developing an app that offers tourist information and it was made to search festivals, camping, and glamping regions near the area. Also, by providing cooking recipe, it was made to provide convenience at the tour site. While searching recommended regions, it offers help in searching accommodations and checking in and checking out process. If the service is expanded nation-wide from the Gyeonggido area that this study was applied to, it will be more convenient for users and if the service is expanded and coupled with local coupons, quality services will be provided.

The Study on U.S. GARA and Aircraft Products Liability (일반항공에서의 제조물책임에 관한 연구 - 미국 일반항공진흥법(GARA)을 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.2
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    • pp.55-86
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    • 2014
  • The U.S. General Aviation Revitalization Act of 1994 (the "GARA") created a statute of repose that bars any claims arising from an aviation product or component more than 18 years after its date of delivery. The statute was enacted to protect general aviation aircraft manufacturers from the excessive product liability costs. The GARA included four exceptions: (a) medical emergency patients, (b) those not on the aircraft, (c) those based on written warranties, and (d) those causally related to a "knowing misrepresentation" made by the manufacturer to the FAA. The GARA also incorporates a provision for revised starting point of reckoning to which any repairs or replacements of an aviation product. This note aimed to discuss General Aviation and GARA in depth including the meaning of statue of repose, its exceptions. The various precedents about GARA were also reviewed in here as well. From the GARA, as a comparative legal issue in aviation product liability, there can be some suggestions for revision of Korean Products Liability Act. First, it seems to be reasonable to regulate the specific statute of repose provisions for various category of products. In GARA, the period of 18 years is reasonable concerning to the average aircraft life. Second, in order to avoid exhausting debate and for the judicial economy, it needs to clarify when the statute begins to run. GARA's 18 year limitation period begins to run on the different date whether it was delivered to its first purchaser or a person engaged in the business of selling the aircraft. Last but not least, proper exceptions should be added into the law for equity matter of the statute of repose does not apply. For example, a manufacturer is not protected by GARA if it knowingly misrepresents certain safety information to the FAA.

A Comparative Analysis of EU GDPR with Privacy Laws in South Korea (EU GDPR과 국내 개인정보보호 법제 비교분석)

  • Kim, Sung Hyun;Lee, Chang Moo
    • Convergence Security Journal
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    • v.18 no.5_1
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    • pp.83-92
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    • 2018
  • The GDPR implemented since 25 May 2018 is common to all EU Member States and is legally binding. It is also important and legally valuable in that it takes into account the latest trends related to privacy protection. The purpose of this study is to propose a comprehensive review and improvement direction of the personal information protection laws in South Korea through a comparative analysis of EU GDPR and privacy related laws in South Korea. As a result of this study, the differences between the GDPR and privacy related laws in South Korea are Definition of personal sensitive information, Right to data portability, Data protection officer, Transfers of personal data to third countries, Supervisory authority, and Punishment, etc. The differences in these regulations were necessary to protect the rights and interests of data subjects and to properly handle personal information of personal information controllers. Therefore, based on the results of the comparative analysis of this study and suggestions on improvement direction of the law related to personal information protection, it is expected that it will contribute to the overall inspection and improvement of the law related to personal information protection in South Korea.

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An Estimation of Economic Base Multipliers of Rural Centers (농촌중심지의 경제기반승수 추정)

  • Kim, Hak-Hoon
    • Journal of the Korean Regional Science Association
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    • v.35 no.4
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    • pp.3-18
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    • 2019
  • This study estimates the levels of the basic and nonbasic activities in five rural centers in Cheongwon County by using the direct survey method and indirect non-survey methods. The economic base multipliers obtained through direct survey method and indirect non-survey methods are compared to find out the advantages and disadvantages of the estimation methods. There are some limitations in applying non-survey methods for economic base estimation. It is found that, among three non-survey methods, multipliers obtained through minimum requirements method are better than other two methods in terms of the theoretical assumption. However, if we use direct survey data and in-commuter/out-commuter data, we can obtain more accurate multiplier estimates.

Coupled Finite Element Analysis of Partially Saturated Soil Slope Stability (유한요소 연계해석을 이용한 불포화 토사사면 안전성 평가)

  • Kim, Jae-Hong;Lim, Jae-Seong;Park, Seong-Wan
    • Journal of the Korean Geotechnical Society
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    • v.30 no.4
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    • pp.35-45
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    • 2014
  • Limit equilibrium methods of slope stability analysis have been widely adopted mainly due to their simplicity and applicability. However, the conventional methods may not give reliable and convincing results for various geological conditions such as nonhomogeneous and anisotropic soils. Also, they do not take into account soil slope history nor the initial state of stress, for example excavation or fill placement. In contrast to the limit equilibrium analysis, the analysis of deformation and stress distribution by finite element method can deal with the complex loading sequence and the growth of inelastic zone with time. This paper proposes a technique to determine the critical slip surface as well as to calculate the factor of safety for shallow failure on partially saturated soil slope. Based on the effective stress field in finite element analysis, all stresses are estimated at each Gaussian point of elements. The search strategy for a noncircular critical slip surface along weak points is appropriate for rainfall-induced shallow slope failure. The change of unit weight by seepage force has an effect on the horizontal and vertical displacements on the soil slope. The Drucker-Prager failure criterion was adopted for stress-strain relation to calculate coupling hydraulic and mechanical behavior of the partially saturated soil slope.

Legal Review on the Regulatory Measures of the European Union on Aircraft Emission (구주연합의 항공기 배출 규제 조치의 국제법적 고찰)

  • Park, Won-Hwa
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.1
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    • pp.3-26
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    • 2010
  • The European Union(EU) has recently introduced its Directive 2008/101/EC to include aviation in the EU ETS(emissions trading system). As an amendment to Directive 2003/87/EC that regulates reduction of the green house gas(GHG) emissions in Europe in preparation for the Kyoto Protocol, 1997, it obliges both EU and non-EU airline operators to reduce the emission of the carbon dioxide(CO2) significantly in the year 2012 and thereafter from the level they made in 2004 to 2006. Emission allowances allowed free of charge for each airline operator is 97% in the first year 2012 and 95% from 2013 and thereafter from the average annual emissions during historical years 2004 to 2006. Taking into account the rapid growth of air traffic, i.e. 5% in recent years, airlines operating to EU have to reduce their emissions by about 30% in order to meet the requirements of the EU Directive, if not buy the emissions right in the emissions trading market. However, buying quantity is limited to 15% in the year 2012 subject to possible increase from the year 2013. Apart from the hard burden of the airline operators, in particular of those from non-European countries, which is not concern of this paper, the EU Directive has certain legal problems. First, while the Kyoto Protocol of universal application is binding on the Annex I countries of the Climate Change Convention, i.e. developed countries including all Member States of the European Union to reduce GHG at least by 5% in the implementation period from 2008 to 2012 over the 1990 level, non-Annex I countries which are not bound by the Kyoto Protocol see their airlines subjected to aircraft emissions reductions scheme of EU when operating to EU. This is against the provisions of the Kyoto Protocol dealing with the emissions of GHG including CO2, target of the EU Directive. While the Kyoto Protocol mandates ICAO to set up a worldwide scheme for aircraft emissions to contribute to stabilizing GHG concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system, the EU ETS was drawn up outside the framework of the international Civil Aviation Organization(ICAO). Second, EU Directive 2008/101 defines 'aviation activities' as covering 'flights which depart from or arrive in the territory of a Member State to which the [EU] Treaty applies'. While the EU airlines are certainly subject to the EU regulations, obliging non-EU airlines to reduce their emissions even if the emissions are produced during the flight over the high seas and the airspace of the third countries is problematic. The point is whether the EU Directive can be legally applied to extra-territorial behavior of non-EU entities. Third, the EU Directive prescribes 2012 as the first year for implementation. However, the year 2012 is the last year of implementation of the Kyoto Protocol for Annex I countries including members of EU to reduce GHG including the emissions of CO2 coming out from domestic airlines operation. Consequently, EU airlines were already on the reduction scheme of CO2 emissions as long as their domestic operations are concerned from 2008 until the year 2012. But with the implementation of Directive 2008/101 from 2012 for all the airlines, regardless of the status of the country Annex I or not where they are registered, the EU airlines are no longer at the disadvantage compared with the airlines of non-Annex I countries. This unexpected premium for the EU airlines may result in a derogation of the Kyoto Protocol at least for the year 2012. Lastly, as a conclusion, the author shed light briefly on how the Korean aviation authorities are dealing with the EU restrictive measures.

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An Empirical Analysis on the Appeal Case of Origin Verification for Korean Import Goods Using Bootstrapping Technique (부트스트랩 기법을 활용한 한국 수입 상품의 원산지검증 불복사례 실증분석)

  • Kim, Jong-Hyuk;Heo, Sang-Hyun;Kim, Suk-Chul
    • Korea Trade Review
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    • v.42 no.4
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    • pp.93-114
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    • 2017
  • Under the FTA agreement, preferential tariffs between FTA members will result in tariff reductions. In order to ensure the stable use of the FTA tariff system, it is necessary for the customs authorities to determine whether the origin goods are clearly applicable. This study analyzed the procedure of appeal according to the origin verification system based on the decision made by Korea Customs Service and Tax Tribunal. From this, we examined whether the rate of re-claiming a case rejected in the 'Review System of the Legality Before Taxation' differs. In addition, we carried out a quantitative analysis using bootstrapping technique in order to overcome the scarcity cases of verification of origin among FTA members. The implications of this paper are summarized as follows: First, we tested the hypothesis that the re-claiming rate of Western countries is higher. Second, some issues represented higher re-claiming rate. Third, there was no significant difference between the verification group and the re-claiming rate. Finally, even if an applicant makes a claim again, there is a possibility of being rejected again.

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A Study on the Implication and Comparative Analysis of Criteria to Determine Origin under Korea's FTA with USA, EU and ASEAN (한국의 주요 FTA별 원산지 결정기준의 비교와 시사점)

  • Jung, Jae-Woo;Lee, Kil-Nam
    • International Commerce and Information Review
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    • v.13 no.3
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    • pp.143-166
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    • 2011
  • This paper describes the characteristics and outline of rules of origin among Korea and USA, EU, ASEAN. The main focus of this paper is to conduct comparative analysis on rules of origin. Rules of origin are used to determine the country of origin of a product for purposes of international trade. There are two common types of rules of origin depending upon application, the preferential and non-preferential rules of origin Non-preferential rules of origin are used to determine the country of origin for certain purposes. The basis for the non-preferential rules originates from the Kyoto convention which states that if a product is wholly obtained or produced completely within one country the product shall be deemed having origin in that country. For a product which has been produced in more than one country, the product shall be determined to have origin in the country where the last substantial transformation took place. To determine exactly what was the last substantial transformation, three general rules are applied : Change of tariff classification(on any level, though 4-digit level is the most common), Value added-rule.(ad-valorem), and Specific process rule. While criteria of wholly obtained or produced in one country is almost similar to those of theses area and countries, in compliance with value percentages of Substantial Transformation, sufficient working or processing, Korea-US FTA adapts 'Regional Value Content', meanwhile Korea-EU FTA adapts 'Import Content' rule. Finally, Korea-US FTA and ASEAN FTA adapt FOB price for the calculation value added, on the other hand Korea-EU FTA adapts EXW price.

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